Housing Discrimination Against Survivors of Domestic Violence

Under fair housing law, there are two ways that housing providers can discriminate against survivors of domestic violence. One is by treating a survivor differently based on their gender or based on a gender stereotype. The other is by consistently applying a rule that would have a larger negative effect on survivors of domestic violence.

Examples of discriminating against survivors of domestic violence base on gender or gendered stereotypes include: a landlord telling a female domestic violence victim that he does not accept women with a history of domestic violence as they always go back to men who abuse them, a landlord serving a tenant an eviction notice stating that since she is a woman incidents of violence would continue, or when a landlord applies rules unequally.

Zero-tolerance policies that require the eviction of the entire household due to the criminal activity of one member of the household may have a larger negative effect on survivors of domestic violence. These policies may be illegal under fair housing law because female tenants are more likely to report and endure incidents of domestic violence and be evicted.

The Violence Against Women Act (VAWA) provides some victims of domestic violence with protections including a prohibition on evictions, denial of assistance, and other adverse action based on being a survivor of domestic violence, dating violence or stalking.

VAWA only applies when a tenant is in public housing, is a voucher holder, or participates in a section 8 project-based program. Outside of these situations, while the fair housing laws still apply, VAWA does not apply.

A housing provider may require a tenant to present third-party documentation of the abuse, including court records, police reports or documentation assigned by an employee, agent or volunteer of a victim service provider, and attorney or a medical professional from whom the victim has sought assistance in addressing the effects of the abuse. If these documents are not shown, then the protections under VAWA may not apply.

In addition, from protection against eviction based on acts of domestic violence, tenants covered by VAWA, may also ask for a transfer to another unit and ask the housing provider to change their lease so that the abuser can be evicted and the survivor can keep their housing.

First, it is important to have a safety plan. This safety plan may include informing your housing provider of your rights as a survivor and exploring your legal options. Project Sentinel assists survivors of domestic violence on these matters.